A federal court denied AbbVie’s request to halt enforcement of a new law protecting contract pharmacies under the 340B Drug Pricing Program in Colorado.
On Oct. 31, the U.S. District Court for the District of Colorado denied the drugmaker’s motion for a preliminary injunction, ruling that AbbVie did not show a substantial likelihood of success on the merits of its case, according to court documents reviewed by Becker’s.
The challenged law — the Colorado 340B Contract Pharmacy Protection Act — prohibits manufacturers from restricting delivery of 340B medications to contract pharmacies. It incorporates model legislation supported by the American Society of Health-System Pharmacists and 340B Health, according to a Nov. 4 news release from the ASHP.
In its decision, the court cited an amicus brief filed by ASHP, the American Hospital Association and 340B Health, and noted that most industry efforts to block similar state laws have failed. Earlier this year, courts in Maine and Tennessee also denied preliminary injunctions filed by pharmaceutical companies seeking to overturn comparable 340B protections.
The Colorado court ruling comes amid broader legal and legislative momentum for contract pharmacy access. In recent months, hospital groups have backed 340B protection laws in Nebraska and Tennessee and supported federal legislation to confirm that covered entities may use contract pharmacies to dispense discounted drugs.
